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Doaestic 1 ews..
IN SENATE,
MONDAY, Jan. 2.
A Bil to aduit the State of Michigan into
the Union upon tnu equal footing with the
original States.
Whereas, in pursuance of the act of
Congress of June the 15th, 1836, entitled
"An act to establish the northern boundary
of the.State of Ohio, .d to provide for
the admission- of the Slate of Michigan
into the Union, upon the conditions there
in expressed," a convention of delegates,
clected by the people of the said State of
Michigan, for the sole purpose of giving
their assent to the bonodaries of the said
State of Michigan as described, declared,
sd established, in and Iy the said act, did
oil the 15th of December, eighteen hundred
anti thirty-six, assent to the provisions of
saidi act :
Therefore, le it enacted, 4-c. That the
State of Michigan shall be one, amnd is
bereby declared to be one, of tile United
States of Asmerica, and admitted into the
Union oil an equal fmoting with the origin
al States, in all respects whatever.
Sec. 2. And be it further enucted. That
the Secretary of the Treasury, inm carrying
into eifect the 13th and 14th sections of the
act (of the twesity-third of June, eighteenm
hundred and thirty-six, entitled "Ai set to
regulate the deposits of the public money."
shall consider tile State of Michigan as
being one of the U. Stales.
Mr. Calaloun addressed the Senate as
follows:
I 1sve bestowed on this subject all the
attention that was in my power, and, altho'
netated by a most anxions desire for the
nmnission or Michigatn into the union, I
find it impossible to give my assent to this
bill. I am satisfied the Judiciary Coi
mittee has not bestowed upon the subject
all that attention which its magnlituide re
quires ; and I can explain it on no other
supposition why they homld place the ad
llissionl oil the grmounis they have. One
of the committee, the Senator from Ohio
oil my left, Mr. Morris, has prononced the
grounls as dangerons anl revolultionary.
lie miiht have gone farther, amid with trith
pronotnned thesm utterly repegimit to the
principles of ii costitluion.
I have not ventured this assertionl, as
strong as it is, without iule reflectit ;. , andI
weighing the full hree of the terms ( have
used, and do not fear. wiih an impartial
hearimg, to esablish its trithi beyond the
power of controversy.
To understand fully the objection to this
bill, it is necessary tiat we shold have
a correct conception of the facts. They
are few and usma be briefly told.
Some tile previoti to the lait session
of Congress. the territory of michigm,
through her Legislature. astihorised the
people to meet in conmvention, for the snumr
pose of forming a State Goverment. Thev
mnet aecordimly, ani agreed upon a con
stititionm, which they forthwith transmitted
to Congress. It was fimly lisenied it) this
Cih ssnbher, an5d, objectionale ;n thle isr
ment. wai, an act va fin ally pa;Sel, wh1ichd
accepted time cosititution, anl' delae
jm ien t;pij n0 to a ..1...4 --4 -, - -
the Un In on F ilnl odt 1,ta ..h
sihmimld, by a convention of time peoiple, mis
- semt to thie loundmaries preseribed Iy the net.
Soion after our mdiomrmmet thmo Lezislatutre
of the State of M11ichiig-m, (for she had been
ramsed by (nto nmssemt to tie sligmity of a
State,) called ma convention of the people
of the State, in conmfurnmity to the net,
wiich met abt time time apin ted, at As
Arbor. After fumll disenssion, time conmvenm
tionm withheld its assemnt, anmd fosrmally tranms
tnit.tedi time re4ult tom time Presi'lenut (If tihe
Unitedi St-mtes. Th'iis is time first part of tihe
story. I will now give tile seqgnel. Since
tham, durmimmg tim last smiomnth, a self-constis
tusted assesmbly mlet, professediy as a coni
venitiomn of tile pe~ople of the State ; hsut
wvithiout the authosrity of the State. Thmis
umnant hmised amnd lawvless assemblatte as.
smssed the high fumnetonm of giving the as
sent of tihe State ofi Michigam to time cons
dition of adsmissinm, ams prescribsed ini time
act of Conmgress. Thmey communmsiminted
thleir assent to thme Exectntive of thme [United
States, and hlie to tihe Senate. Tme Semia;te
referred his smenaje to time Conmmittee on'
the Juudiciary, amnd that Co~immittee me
ported this Bill for t'he admission of tihe
State.
Snech are time frects onst of whmich grows
the immportanst qulestionm, had( this self-conmsti
tumted amssembmlmy tile anthority to assemnt fom
the Staste ! I lad thcy time authority to do(
what is implied in giving anssenmt to time cuon
dition of ahdmhisiionm ! That assenst imtro
dluces thme Stmmte insto time Unmionm, andii pliedges
it ini the mnost soemnm smannelr to time COni
stitumtiosnal comlpact whmichm inds these States
ill one1 confede.lrated body :imiposes onm her
all its obigatiinms, andms confers on her all its
benmefts. lind t his irregulamr, self-conmstitut
ed assesmmblage mime inuthioity to perfomrm
thesse igh~ anmd solenmn nes of soverseignmty
im time mmamme of time Stat', oh Mich!iigans --
Shse cauldi omly come insm i a X$ut,and nmomne
-could aet or speaik for her w ithsout hmer ex
press anthority ; amid to assumime the nutho
W rity without tier aantionm is niothming almort of
Agasin, the atssenmt to time conditionsq pre
serthesd by Congseas ismmhlies anm ansthomity
in thmose who gave it to supmsiledie inm part
the constitutionm of the Stamte of Michmigamtm
for her consti'tutiomi fixes time bounda~i~rie.s of
time State as part of thmat instrminent, wthichm
time comm-litionm of admiissionm emntirely alters,
and to that exStenit, time assemnt womuld smuper
sedle time conistitumtioni ; atnd thmus time qusestions
is presentd, wilethlier thmis self-const:itumtedi
aissembily, styling itself a conmvenmtion, ihad
the ,msth'oity so dJo an mmct which nlecessarily
amplies time right to sipersede in past the
comstittonj~.
But furthmer : Tme Stamte of Michmiganm,
thmroth its Legislturme, amuthorised am Con
vention1 of~ theo people, imn order tb dectermhiine
wvhethmer time comndition (If ad(1missionm shmomuld
be assentedh to or nt. Tme convention
imot ; anti, after miatuire dIeliberation, it dii
sented to the codiionm eo aidimissionm -mand
thimusagin the questiomn is presemted, whetm
er this self-conmstitumtedi assemblaige, thmis
caen ti-for it is enmtitledi to sno highmer nameto
-had time anthmormty to annsul time dlisisnt
of the State, solmly givenm by a -omn
ventoson of the pecopie, regumarly convoked
undaer time express austhorsty of time constitut-.
ed authorities of tie Stamte.
if all (or anmy of these qmmestions he au
awerei t m teiog-.,:.,. :r e . ofc~g
asseaAddage of December had no authority
io speak in the aanme of the State of Mich
igan-if none to supersede any: portion of
hervonstitutiont--if none to annul her dis
seni to the condition of admission regular
Uy given by a convdhtion of the people of
teState, convoked bythe authority of the
State-to- istroduce her on kie -authirity
would be not only revolutionary and dan
gerous, but utterly repugnant to the princi
pies of our constitution. The question
then submitted to the Senate is, had that
assemblage the authority to perform these
high and solemn acts ?
The chairman of the Committee on the
Judiciary holds that this self-ct stituted as
semblage had the authority ; nmI what is
his reason I Why, truly, because a greater
number of votes were given for'those who
constituted that assemblage, than for those
who constitutcd the convention of the peo
ple of the State, convened under its con
stituted authorities. This argument re
solves itself into two questions-ie first of
fact, and the second of principle. I shall
nottliscuss the first. It is not necessary to
do so. But if it Obre, it would be easy to
show that never was so important a ftet
so loosely testified. There is not one par
tiede of offcial evidence before us. We
had nothing but the private letters of indi
viduals, who do not know even the nua
hers that voted on either occasion ; they
know nothing of the qualifications of voters,
ior how their votes were received, nor by
whom counted. Now, none knows better
than the honoural-le chairman himself that
such testimony as is sibimitte(l to is to
establish a fact of this moment, would not
lie received in the lowest inigitrate's court
im the land. But I waive this. I cone to
the question of the principle involved; and
what is it ? The argument is, that a greater
number of persons voted for the last con
vention than for the first, and therefore the
acts of the last, of right abrogated those of
the first; in other words, that mere nimlrs
without regard to the forms of law, or the
primeiples of the constitution, give authori
ty The authoritsl of numbhers, according
to this argunient, sut-s aside thr authority of
law and the constitution. Need I show ihat
sneh a Irinriple goes to the citire over
throw of our constitutional Government,
an1d would subvert all social order ? It is
the identical principle which prompted theit.
late revolutionary and anarchiet*il movei'nt
im Maryland, and which has (lone more to
shake confidence in our system of govern
ment than any event since the aloptioni of'
our constitution, lut which haippily has
been frowned dIown by the patriotism
and intelligence of the ieol)le of that
State.
What were the grouiin(s of this insurree
iionary ineasure, but that the government
If Maryland di( not represent the voice of
the numerical majority of the people of
Alarylan)d and liht the authority of law
and constitution were nothing giitanst that
of itumbthers. Ilere we find on this floor,
mutl fronn the head of the Jnliciary Coni
itmittee, the satme principle revived, and if
posille, in a worse form; for inl M arylanl
the anarchists assumed that they were sus
tained ly tle numttierieal majority of the
people if the State, in their reviliutionary
,mu rtiairma,
uWA'fW n T't~ li've, is a nere Ilurality.
The largest unmer of votes cinitnei: :or
the self-created assemlage, is 80x); and
no mian will utidertake to say that this con
stitutes any thii like a majority ofi the
voters of lichiga : nand he eliis the high
authority which he dofies for it, iot because
it is a majority of the people iof Michigani,
but because it. is a greater utinamber than
voted for the auttho~risedl 'oniventtioni of the
pieopile that refused to agree to thle condi
titin oif adanu ssiotn. It miay lie shiowin hby
his own witniess, that a majority oif the
voters of M ichiigan greatly exsceeded 8000t.
Mr. WVilliamns, the President of thie self
createdi aisenthintge, staitedl that the popniu
intioni of that State, amountted to nieartly
2010,000 piersonts. If so, there cannot lie
less thant frott 20,000 to 30,(I410 'voters. coat
sidlerinig how nearly universal the right of
suil'rage is uunder its constitution :and it
thus appears thtat this irregular, self-consti
tutedl imetintg dlid not represenit the vote of
one-third oif thle State ;andh yet tin a mere
pinetple of pilurallity we ate to superesedel
the contstitutioni of M ichiigant, aiid annul thle
act of a conuventtioni of the peolhe regularly
conivened uder the antthotrity of ti.e gov
erinnent of the State.
urt, satys the Setiator from Penntsylvania,
(Mlr. luchtnati.) this taswtmbly wzadito self
constitittetd. It met undieer tie aiithiority ofi
antmnat ofCongress, nnl that hadin no ref'erenmce
to the Statre, but otily to the Iteole;i mtd that
the assemblage ini Decembtler was inst siuch
a meeting as that act comiemplatedl. Ii is
niot may itntenmioni to discuss the ,p itst iii
whether the htonouaralide Mentator has g.ivent
the true initerpretation of the nr, hut, it ii
were, I could very easily show his initerpireta
tioti to lbe erronleons; fori, if such lhad bieti
the intention of Conigress, the net surely
woul htave specified t he timte whetn the cotnm
venmtion was to lie laki, whoi were to lie the
tmtaniagers, who the voters, nad would nti
havt e In) it toindiIvidluals, wh~o mighii chooise
to aisiumeu t he nutitiority to diiermrmine aill t hese
nlitnpritint pints I i ght aliso redi ly show
that the word --conivenition"' ofilte people, tis
used ini law or lae consti utionn, nlwwnvs mens
a mtetin~g of the peopille regularly conivented
b~y the constitutedl atuthorit, yoft}ge State, ini
ihair high soivereigni enyneity, atnd hat it
never tieans such an assemtinge ats the oneii
ini queistion.~ Itiut I waive I his; I tak~e ahiher
groutid. If thle taet he, indeedg, sm-h a the
Senator ays it is, then 1 maitain itm it is
utterly oppo5sedl to thme fimnliamental pirinci
liles ioter Federnl Utnitin. Conmgress hits nto
right whantever io calla conrention in a State.
Jt can catll bupotte conv'entionm, nnd that is a
rconvention ufther people ofl hie Un'itedh States
to amt~ed the F~ederal Conmstitttionti nor eart
ii eall thtit, except authorizedl by twto-thtiris
of the States.
Ours is a Federal Repiubli--- Unrioti of
States. Michigan is a State: a State in
the course oif dlmission, titd ldifl~ering only
fromn the other Smftes in Iter federtal relIn
lions. She is delatred to bet n State in thie
most soleimntimatiner hvy youtr own acr. Slue
entn comae into the litionalso as a Stte.
and lby her voliuntinry assen: eiven by the.
pieoplle of thie Stite ini contvt'tiin, enilled
lv thie constittuted amboucrity of thei Sttre.
To tidmtit Ihe Stnte of Micbigan otn the nu
lthority oif ta self-ereated mteetinC. or otie
'nllied by the direct authority of Conegress,
passitng lby thie authority ofilie State,'wotald
be thie mtost mlonstrouts procdeeditig uinder
er coitution that eaa be Conceived; dim
inost repugdant to .itrieieples,
gemous mn its consequences. It
inblisli a-direct relation betweem
vidnal citizens of a State and the
Government, in uiterjsubversion o
eral character of our 7rtten. T
ofithe citizens to this (overnmeng i
t he -States exclusively. Thev -ar
to its authority and laws only be
State hate assented they should
dissents. their asent is not hing i on
hand, if site assents, timir dissent i
It is through the States alone, tht
States Government can have any c
with the peple of a State, and
then the Senator from Pennsylva
that if Congress cifn authorize a cc
of the people in fhe State of A
without the authority of the State
tersi not what is the ohieet, it ma
mnanner nuthorize conventions in
er State for whatever purpose .it i
pro per.
iichigan is as nmuch a snvreig
nny oil er, dillering only, as I hav'
to I er federal relaitois. If we
santeion to thme assemblliage of Dee
the lprinciple laid down by the Ser
Pennisylvanlit, tien we establish
trine that Congress has po*er
plensure coinventions within t lie
is there a Senator ot ithis floor wit
sent to such auuoctrine? Is there,
cinfly, who represents the smaller
this Union, or the wcaker sectiintt
thin power, amd every vestage of St
woubhI be -lestroyed. Our sytm
stubverteii, and isteud of a'federa
and sorereigit S lta, we woitil
power cotncentratel here, mnd th
become thei most oilits desp.,tj.
indeed, Itmuist lie blin d, wlo do
that sIch it lner woul give ile
(Gmoverument it complet control .
States. I call u oi Semflors now
;t doctrine sofianrgerotus. Let it be
iered, that miiler our vstem, Ii
dinmts live ire-ver; goodt i es onlv
We Iay not felel all theevil cotils
nt lote, but this precidmtit once
su'rlv lie received, aid wil becoini
striimeti of iilinile evil.
It will be asked, What t1ist lie
Will yo - refist to admit 41 icliian
I 'nion ; I answer no: I misire tom
filnd if the senatort i romti bilina i
will anree, I :ifm realy bw to tin
its she stoIx at the inlv l mime of la;s
witlhoumt Livint!f sancetiont to lie ummanm
asmmbhle of lihreambier.
li if that Ihw-s noit mee their
tlere is still anmilier by whihb sle
.fmiised. We are ttohl twvt fi-r(
Legisaitre atm people mit M hltiga
Ivoir ife an-ept ing the coailitior
ar of last sessiotI. 11 that helne I
all that is nieessary is, that Ih? Le
slould cnll auother cmivention. .
emity will thus -e removedi-mI. nal tI
lie still abiunlat tittime fir her a
at this Session. And shall we
sake of L:ining a few tmnthi Its, _-iv
smint toa hill frniught with pritmciple
sirois as this ?
We hlave. been fol. that ulers
miitec imimediately it will Ie ton II
Io ri-eive ler prolortion of tlie, stir
w4n1t1t have io wei'ITmr. Give le
her Cilli share. I am renly tIo d) s
withoumt waitinig her admii--lonm. 1
liiied to hetir oni s ogr-nt tn quemstioni
tives assigmedl For lm'r tmissii,
to the law ant con-siltituiot. Smm0l
iraitionms oneiillt it)t ibe preseiiitei
are- se-ttliitgreat emtitittimial prinE
I trust that we shaml pass hv tll snm
hums mioutives mit this moccistitn, a
grond tii mthe g1m'reat andIVi tndmitet
ie that tan iniforimal, irrmizniitr. se-lfe
tmem aissembtlly, a mttre mennen-s, has ano
ty tin spemnk ir a sovre-ign State
m-ase whiatemver :tin struesede its<
timmn, oir in re-verse its mdissentt dealibmernt
e-n liy a cemiiini mif the petople oft
reuznlarly conivenied untder its constim
thiority.
WAstNo-rmN, ,Jamt
A mecssagme was remcmivm-d himit thm
dei oif thme Un~mitedi Sit-s, in answ
resouliuitin ini the Senate,. trainim
trnislatiomn mif a lmetm-r aire-smed bi
Sanmta A nn, oni thn 4th .Jnly iNG,
Presilh-nit of the Uniitmed States, antt
mcopy mif thec letrer mif thle lntremr per
writtetn int rely, dhaited 14thI Smept.
Getn. Snta Ania setes thmt 1m., w
te heamd mof G,0010 Mex'~ienums. wn
pirisoneir: that lhe wits, ant er bminii
timiet ini iduittm-e, mon thn point of emi
enmgtaemeints inmto whli'ehl lit hai
ptrevenmtedm fromi sit doming, ow1ing~ to)
fi-etusnemss mof a nusmbemr mof pmeople, w
stays ilhat his stny aumong1 thle Ipe-mlelt 4
as hail contviiced' him that it was
for Mexicom tim prolseentte time war aniy
tutu thaut it was his contvinetion ih t i
ptle of Me-xi-m wmimahI be oif thme snm
immn, wrjmt line shuld eImx latin matterst
TPhiis, lie hai mniot fln mipotinity of
itm-ionse-gii-,--ne of te occurrene.n
-upoken't mif. Thi- fam-t neeopnijtedm lir the
xpdii n inin7ast Tera-s, t hie Mehxi
vernmiientt bintg ignmorantt mof thn rmeal
mithis itn Temxais. IlIt ex'prm-ssetl hi
mo eniemr inmtoi niegotiat itut withi thle
State-s in renrd~n tom Tlexas, tind mhils
is itndier thei, imipression tint lie (Om-n
smot) hats it in his poiw-r to bring abmot
Iieet ntl thne mtatter. IlThe Premim
thn Uniitedl Stattes relim-, by tmling hi
thin Mei-ennit Gomvernttment htave ml
Sint they will tnot hld t hemmselv'es
yatiy nem of htis, (Sanmta Atna's) w
prisonetr, andti says it is ig mossible- for
ain aniy step in the mtatter, tundemr m'
-ircmtistances. I le remarkemd, that
Merxico lit dlisposedm1 tin avail hemrself
goodm mmlicems int te Untitedm States to
endi, by tin!otintion, ton thn civil war
ng wmumi give him greater pleasur
m lie instrumental in bringitng abot
imesirable result. [This letter was se
It-r cove-r tin Glen. Sanmitel Houtston.)
Mr. Pireston exphressedl his npiin
lie independefmlmnce of Temxna ouight to
'ognizemd, aniy thing fthat Sattta An
may or tdo to thme cmontrary notrwithstutm
lie wvas preparedi to shoiw, that upown
'ogenizemd princ-iplmes of tnational law,
irtnctire mofthis Governmnent, it wasi
mm make- a prmopt atnd speemdy acknio
nent ofC her indlepenmdence. ife tain
liai the Prestimden titimelf woulmd lia~
tnnended tho .dontion of te cor.-,